Abdul Mozid v. The State of Assam

ORDER Date : 13 .02. 2024 Heard Mr. AM Mondal, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent. This is an application filed under Section 438 CrPC seeking pre-arrest bail, apprehending arrest in connection with Gauripur PS Case No. 438/2023 (Corresponding to Page No.# 2/3 G.R. Case No.1810/2023) registered under Section 376 IPC. Case diary is received and perused. Heard both sides. It is submitted by the learned counsel for the petitioner that the dispute arose between the parties due to some monitory transaction with the husband of the informant and the petitioner has not committed rape on her and the allegation leveled against him is false and concocted. The learned counsel for the petitioner has submitted that the petitioner is ready and willing to cooperate with the investigation, if he is granted the privilege of pre-arrest bail. In this context, Mr. Borthakur, learned Addl. PP has submitted that no sign of intercourse was found in the medical examination report and considering the materials available in the case diary and the nature of the case, the prayer for pre-arrest bail may be considered. I have considered the submissions of the learned counsel for the parties and other aspects of the case and the materials available in the case diary, I find that custodial interrogation may not be necessary. Accordingly, it is provided that in the event of arrest of the petitioner in connection with the aforesaid case, petitioner be released on pre-arrest bail on furnishing a bond of Rs. 20,000/-with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the following conditions that:-

¶1the petitioner shall appear before the I.O. within 7 days from today.

¶2the petitioner shall make themselves available for interrogation by the Investigating Officer as and when required;

¶3the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any other police officer, and

¶4the petitioner shall not hamper the investigation or temper with the evidence of the case. Page No.# 3/3 The bail application is disposed of. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010265932023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4014/2023 ABDUL MOZID S/O LATE YUNUS ALI R/O VILL- TIAMARI PART-II P.O. TIAMARI P.S. GAURIPUR DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M A MONDAL Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA